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Question On Summons For Pre-Trial Conference

Date: Sat, 08/04/2007 - 12:12

Submitted by anonymous
on Sat, 08/04/2007 - 12:12

Posts: 202330 Credits: [Donate]

Total Replies: 6


I received a summons to appear at a pre-trial conference, filed by a CA attorney over a credit card. While I realize that I must appear, can I have someone else speak for me? This other person is not an attorney or a witness. It is a friend of mine who knows about all this stuff better than I do. He has sent certified DV letter for me and we also believe my case is beyond the SOL in Florida. He wants to give the mediator, the Plaintiff and the Clerk of Courts a written letter with attachments proving that a DV letter was sent (and received) and the matter of the SOL. It way better explains my position than I could do on my own. He wants to present this letter at the mediation hearing and respond in my behalf. Is this allowed?


Most court jurisdictions have rules on who is allowed to represent parties in a claim. I would think if your friend attempted this,it would fall under the Unlicensed Practice of Law rules and could get that person in serious trouble.Please verify what I am presenting with a local licensed attorney or your state's Attorney General.


lrhall41

Submitted by cajunbulldog on Sun, 08/05/2007 - 04:16

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Thank you Cajun. I won't take that chance. I'll take him with me as "support", not to represent me. I'll represent myself. I have my "ammunition" in written form. I have a written letter requesting validation from the plaintiff that was received (certified mail-return receipt)and not responded to. I also have the Florida SOL that states the alleged debt exceeds the SOL. That's all I've got for a defense and will either sink or swim on my own.


lrhall41

Submitted by on Sun, 08/05/2007 - 10:23

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Law Student, I actully looked that up on the Florida Bar website. Florida is mostly concerned about out of state lawyers working a case here. It's a money thing mostly. You can't handle a case here if you're an out of state lawyer without filing a $250 fee. The other concern of the Bar are fraudulent attorneys or unlicensed people claiming they are an attorney. Bad stuff but it happens to people who THINK they have a licensed attorney and don't. Or one who is not licensed to practice in the state or neglects to pay the required fee. They are DEATH are those issues, as most states are. I will go myself. Besides, I was just reviewing the summons and it says "Do Not Bring Witnesses. Appear In Person or by Attorney". I guess that means if you bring ANYBODY, they will consider that person a witness and not allow entry, unless of course you have an attorney with you.


lrhall41

Submitted by on Sun, 08/05/2007 - 20:26

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Guest, Thanks for that bit of info regarding the Florida Bar. You are right. It's all about money. For example, in California, one might sit for the Bar exam after having apprcenticed for an attorney for a period of time (I think 4 years). A few states proprosed legislation to allow Californis attorneys who passed the (Californis Bar) doing this to sit for the bar exam in their states. The argument was, that these California attorneys were practicing in their states' Federal courts anyway, and not having to pay their states' professional taxes.


lrhall41

Submitted by Law Student on Mon, 08/06/2007 - 00:10

( Posts: 1182 | Credits: )